TikToker has injury award raised after video of him dancing disregarded over lack of evidence

Sunday World

2 days ago

Appeal court cited lack of evidence as to when footage was shot
TikTok influencer Mario Pompa (37) successfully sued Hilton Foods (Ireland) Ltd in Dundalk Circuit Court in February this year.
Mr Pompa claimed he had to stop working in 2022 due to an ongoing neck, back and shoulder injury he sustained after regularly carrying bags ­weighing up to 25kg. He alleged the injuries happened during 13-hour shifts in the company's spice room, where spices are mixed for sausage production.
Former meat-factory worker Mario Pompa sued his employers Hilton Foods (Ireland) Ltd over a shoulder tear sustained while carrying heavy loads
He was awarded a total of €17,958 including €11,000 for his shoulder, €5,000 for the neck and back pain, and €1,958 in special damages.
Hilton Foods, which was insured by Aviva, subsequently appealed the decision.
While the defendant accepted ­liability, it was argued that Mr Pompa was exaggerating his injuries.
Clips of the plaintiff posted on his TikTok account showed him using a SkiErg machine, weightlifting and doing assisted chin-ups at a gym in September 2021 – a month before he told a GP from the Injuries Resolution Board that he hadn't been able to go to a gym since 2020 – were previously shown to the court.
Stock photo: Reuters
Videos of him dancing were also ­posted online. In her ruling, Ms Justice Sara Phelan said it was possible that the videos were made, saved as drafts and posted at a later date.
'In the absence of evidence as to when these videos were made, I must disregard the videos,' she told the appeals court sitting in Dublin.
Regarding discrepancies in some of Mr Pompa's evidence, Ms Justice Phelan noted how English is not his first language as he is originally from Slovakia.
She said his 'thought process was a little delayed by reason of this' and it was 'not surprising' that after five years he did not remember exactly what he had told his GP.
Ms Justice Phelan said she could not penalise him for the lack of detail in the medical reports about him going to the gym because none of the doctors were called to give evidence. Read more
Therefore, the judge was not able to ascertain what questions were asked during the consultations. 'I am satisfied that having observed him, heard his evidence and looked at the medical reports, that he did not exaggerate his symptoms or the severity of his injuries,' she said.
An MRI scan had shown he had ­suffered a deep tear in his shoulder, which she was satisfied was caused by his work at Hilton Foods.
While she considered the injuries to be in the minor range, she said she had to depart from the personal injury guidelines because she did not believe his injury made a substantial recovery within two years.
'The minor range does not provide for substantial resolution outside of two years,' she said.
Mr Pompa was awarded a total of €18,250 including €14,000 for his shoulder injury, €2,500 for his neck, back and arm complaints, and €1,750 in special damages.